Sri. Rama Poojary since deceased by his LRs. (Smt. Rakku Poojary, S. Shankar Poojary, Baskar Poojary and Uday Poojary) vs The State of Karnataka, Land Tribunal and Mr. R. Venugopal Rao since deceased by his legal representative Sri. Srinivasa Rao

Huluvadi G. Ramesh, J.—Petitioner had filed form No. 7 before the Land Tribunal, Kundapur, before 30.6.1979, seeking for grant of occupancy rights in respect of the property bearing Sy. No. 72/1A measuring 4 acres and 14 cents. The said application came to be rejected by the Land Tribunal, against which, writ petition was filed. During the pendency of the writ petition, since the Appellate Authority was constituted, the matter stood transferred to the Appellate Authority. Later, on the abolition of the Appellate Authority, once again C.P. was filed by the petitioner seeking for conversion of the appeal into writ petition and accordingly, it was convened and pending before this Court. The prayer of the petitioner is to set aside the order of the Land Tribunal in rejecting the claim of the petitioner and to direct the Land Tribunal to grant him the land in Sy. No. 72/1A measuring about 4 acres and 14 cents and such other reliefs.

Heard the learned Counsel for the petitioner and the learned Government Pleader. Notice to contesting respondent No. 3(a) is served through paper publication, but none represents.

On perusal of the order of the Land Tribunal it is seen that at the time of granting occupancy rights by the Land Tribunal there is no mentioning of the land in Sy. No. 72/1A in its order and that only the other two survey numbers namely, Sy. Nos. 72/4 and 72/3 are mentioned. In the circumstances, it is to be verified by the Land Tribunal (sic) any such claim is made in respect of the land in question and is pending consideration and thereafter, to dispose of the matter in accordance with law after notice to both the parties.

Accordingly, this Writ Petition is disposed of. Office to send back the records forthwith.